Last Updated: December 22, 2024
The Federal Tort Claims Act statute of limitations is one of the most critical aspects of filing a medical malpractice claim against the U.S. Government. Missing the deadline can permanently bar your claim, regardless of how strong your case may be. This comprehensive guide explains everything you need to know about FTCA time limits.
What is the Federal Tort Claims Act Statute of Limitations?
The Federal Tort Claims Act (FTCA) has a strict two-year deadline. Under 28 U.S.C. § 2401(b), you must present your administrative claim to the appropriate federal agency within two years of the date your claim accrues.
The statute reads:
"A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues..."
You have 24 months to file your Standard Form 95 (SF-95) with the correct government agency.
When Does the FTCA Clock Start?
Understanding when your claim "accrues" is essential. Generally, the FTCA statute of limitations begins to run when:
- You are injured, or
- You discover (or reasonably should have discovered) the injury and its cause
This is known as the "discovery rule." In medical malpractice cases, the clock may not start until you discover that your injury was caused by medical negligence.
Examples of Claim Accrual
- Surgical error discovered immediately: The statute runs from the date of surgery
- Delayed diagnosis: The statute may run from when you learned of the correct diagnosis
- Birth injury: May accrue when parents learn the injury was preventable
- Misread lab results: Accrues when the error is discovered or should have been discovered
What is the FTCA?
The Federal Tort Claims Act is a federal law that waives the government's sovereign immunity, allowing individuals to sue the United States for certain torts committed by federal employees. Before the FTCA, you generally could not sue the federal government.
The FTCA applies to medical malpractice claims involving:
- VA hospitals and clinics (Department of Veterans Affairs)
- Military treatment facilities (Army, Navy, Air Force, Marine Corps hospitals)
- Federal prisons and detention facilities
- Indian Health Service facilities
- Other federal medical facilities
Statute of Limitations vs. Statute of Repose
It's important to understand the difference between these two concepts:
Statute of Limitations
- Determines how long you have to file a claim after an injury
- Typically runs from the date of injury or discovery
- Under the FTCA: 2 years from accrual
Statute of Repose
- Sets an absolute outside deadline regardless of when injury was discovered
- In many states, medical malpractice claims have a statute of repose
- The FTCA does not have a federal statute of repose, though state law may apply in certain circumstances
While the FTCA itself does not contain a statute of repose, the law requires that FTCA claims be governed by the law of the state where the negligent act occurred. Some states have statutes of repose for medical malpractice that could potentially affect FTCA claims.
The Administrative Claim Process
Before filing suit, you must exhaust administrative remedies. This is a mandatory step under the FTCA.
Step 1: File Your SF-95
Present your claim using Standard Form 95 (SF-95) to the appropriate federal agency. For VA medical malpractice, file with the VA. For military hospital malpractice, file with the appropriate branch (Army, Navy, Air Force).
Step 2: Agency Review
The agency has 6 months to respond to your claim. They may:
- Deny your claim
- Offer a settlement
- Request additional information
- Take no action (deemed denial after 6 months)
Step 3: File Lawsuit (If Necessary)
If your claim is denied or not resolved, you have 6 months from the denial date to file a lawsuit in federal court.
Important: The 6-month deadline to file suit is separate from the 2-year deadline to file the administrative claim.
Common Mistakes That Can Bar Your Claim
1. Missing the 2-Year Deadline
The most common and fatal mistake. Even being one day late can bar your claim forever.
2. Filing with the Wrong Agency
Your claim must be presented to the correct federal agency. Filing with the wrong agency does not toll the statute of limitations.
3. Incomplete SF-95 Forms
A claim that does not include a "sum certain" (specific dollar amount) may not be considered a valid claim for statute of limitations purposes.
4. Waiting Too Long After Discovery
If you discover an injury, don't delay. The statute may be running even if you're uncertain about the cause.
Tolling the Statute of Limitations
Certain circumstances may "toll" (pause) the FTCA statute of limitations:
Minor Children
If a claim involves a minor, the statute may be tolled until they turn 18 (the age of majority in most states). However, this varies by state law and situation.
Mental Incapacity
If the claimant is mentally incapacitated, the statute may be tolled during the period of incapacity.
Fraudulent Concealment
If the government actively concealed information that prevented you from discovering your claim, the statute may be tolled.
Note: Tolling provisions are interpreted narrowly. Never assume your statute will be tolled—contact an attorney immediately.
Why You Need an Experienced FTCA Attorney
FTCA claims are complex and unforgiving. Unlike typical personal injury cases, you're suing the federal government, which has significant legal resources and strict procedural requirements.
An experienced FTCA attorney can:
- Correctly calculate your statute of limitations
- Properly complete and file your SF-95
- Navigate the administrative process
- Meet all deadlines
- Build a strong case for maximum compensation
The Archuleta Law Firm has over 25 years of experience handling FTCA medical malpractice claims against the VA and military hospitals. We understand the complexities of these cases and the importance of meeting all deadlines.
Take Action Now
If medical malpractice at a VA hospital or military treatment facility harmed you or a loved one, act fast. The 2-year statute of limitations is strictly enforced.
Contact our office today for a free case evaluation. We can review your situation, determine if you have a valid claim, and ensure all deadlines are met.
Call us now at 1-800-798-9529 or complete our online form.
Frequently Asked Questions
How long do I have to file an FTCA claim?
You have 2 years from the date your claim accrues (typically the date of injury or discovery) to file an administrative claim with the appropriate federal agency.
Can I sue the VA for medical malpractice?
Yes, you can file a claim against the VA under the Federal Tort Claims Act. You must first file an administrative claim and exhaust your remedies before filing a lawsuit.
What happens if I miss the FTCA deadline?
If you miss the 2-year statute of limitations, your claim will likely be forever barred. The courts strictly enforce this deadline with very limited exceptions.
Does the statute of limitations apply to claims for deceased veterans?
Yes. If a veteran died due to medical malpractice, the surviving family members must still file their wrongful death claim within the statute of limitations period.
Can the statute of limitations be extended?
In limited circumstances, such as minority status, mental incapacity, or fraudulent concealment, the statute may be tolled. However, these exceptions are narrowly interpreted.
The information provided on this website does not, and is not intended to, constitute legal advice. All information, content, and materials available on this site are for general informational purposes only. Readers should contact their attorney to obtain advice concerning any legal matter.
The author, EJ Archuleta, J.D., is a 13-year federal practice lawyer. He is licensed to practice law in the courts of the State of Texas, is a member of the State Bar of Texas, and is admitted to the United States District Court for the Western District of Texas. He has helped hundreds of military service members, veterans, and their families receive compensation for injuries and wrongful death caused by the Department of Veterans Affairs.